Trademark application is the procedure of registering your brand names, logos and symbols to safeguard it from unsanctioned trademarks. It gives exclusive rights to the owner of the application, and prevent others from using the same mark in business. The procedure of trademark registration comprises submission of an application to the National Trademark Office, and a thorough examination. Once approved, the trademark is officially recognized and protected in certain markets.

Understanding the Trademark

A trademark is an exclusive identifier which is used to distinguish between the goods and services handed by one company from others. Trademark can be a logo, a picture mark, any symbol, drawing or any expression that can be used to distinguish or identify the goods and services from the goods and services of other associations. Trademarks are important for businesses, as they enable the consumer to identify the brand and, consequently, its products/services in a crowded marketplace. Trademarks are Intellectual property rights which are defended under ‘The Trademarks Act 1999’.

The purpose of Trademark Acts, 1999 is to provide protection to the users of trademark from infringement and to direct the condition on the property it also provides legal remedies for the implementation of trademark rights.

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Benefits of Getting a Trademark

Trademark is vital for people who want to start their own business, it has several benefits. Some of the key benefits are mentioned below:

• Trademarks protect the brand identity through the distinction of products or services that evoke consumer loyalty and recognition.
• Trademarks allow businesspersons as well as creators to seek legal recourse against infringement of their rights.
• Increase a business's reputation with customers and investors as a professional, legitimate enterprise that inspires consumers' confidence and loyalty.
• Safeguard the rights of the consumer from practices considered unethical and goods deemed to be unsafe because commercial establishments operate only with quality products and services following known standards.
• A trademark certificate is a valid proof of identity. It not only gives you the right to sue others for using your registered mark but also provides you an evidence to prove the legal ownership of your business.

How to Track the Status of Your Trademark Application?

To track the status of your trademark application you can check it through official trademark website. Following are some steps to tract the status of your application:

• Visit the Official Portal: Visit the official website ‘Controller General of Patents, Designs, and Trademarks’ (CGPDTM).
• Tap on the Trademark Status Section: After visiting the portal click on the ‘Trademark Menu’ and then, click on ‘Trademark Status’. You will be transmitted to the status tracking page.
• Enter Your Application Number: Once you enter the status page, you’ll be required to enter you application number (received after filing the application). After entering the correct number, you will be able to check the status of your trademark application. 
• View the Status: Finally, you can check the current status of your application.

1. Application: The trademark application has been filed and is under examination.
2. Issuance of Examination Report: The application will be reviewed by the examiner, and an examination report will be issued.
3. Objection: If there is any objection against your application, you need to respond. 
4. Accepted: The application has passed the examination, and it is accepted for publication.
5. Published: The trademark has been published in the Trademark Journal.
6. Opposition Filed: Someone has opposed your trademark application.
7. Registered: Your trademark is officially registered.

• Track the Progress:  The status of the application goes through several stages. If any action is required from your side such as: submission of any document or responding to any objection, you will receive the notion on the status page. 

Also Read: Trademark vs Copyright: Key Differences Explained

What Happens If Your Trademark is opposed?

In case the trademark application gets objected by any third party during the stage of publication, the Hearing Officer at the Trademark Registry will hear the opposition first. After that you will be given an opportunity to present your case, and the other party will also be given an opportunity to present their points. If the case is resolved in your 

If the opposition is resolved in your benevolence, your application will proceed to registration. But if the case is resolved against you then your application may get rejected. But, you can appeal the judgement to the Intellectual Property Appellate Board (IPAB).

What If You Fail to Respond to Objections or Oppositions?

In case of failure to respond to an objection or opposition within a given time period may result in the rejection of your trademark application. If your application gets rejected, you will be required to file a fresh application. 

Also Read: How to Download a Trademark Registration Form? 

Time Period of Trademark Approval

The time period of trademark approval process varies as per the intricacy of the application.  It can take up to 18 months to 3 years, from the date of submission. This time period depends on 

The entire trademark registration process in India may take anywhere from 18 months to 3 years. This timeline depends the complexity of the application, any objections or oppositions, and the workload of the Trademark Registry.

Post-Registration Monitoring

The trademark registration is valid for the duration of 10 years. The Trademark Act of 1999 provides that a registered trademark must be renewed every 10 years, and failure to do so may lead to the cancellation of your trademark.

Registration offers exclusive rights, but these can be challenged, and you must defend your trademark against infringement.

Conclusion

In conclusion, to track the status of your trademark registration application you can visit the official portal or you can get it check by consulting a trademark counsellor. After passing all the stages of the examination, you will receive the trademark registration certificate. For entrepreneurs obtaining a trademark is important to protect brand identity by preventing confusion among consumers as far as goods and services associated. By following the above given steps you can successfully track the status of your trademark registration.

In addition, keep a check on your application status regularly and in case of any objection or opposition you need to answer to ensure a smooth process.